New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter J - Buildings And Transportation
Part 156 - Transportation
Section 156.3 - Safety regulations for school bus drivers, monitors, attendants and pupils

(i) a driver of a passenger or suburban type vehicle if such driver is a school district employee who is not ordinarily required to transport pupils and is operating such vehicle for the purpose of transporting one or more pupils to a hospital or other medical facility, a physician's office, or home for medical treatment or because of illness;

(ii) a driver of a suburban intercity coach or transit type bus, transporting pupils on trips other than between home and school, such as field trips, athletic trips, and other special transportation services;

(iii) a parent who transports exclusively his or her own children; and

(iv) a volunteer driver for a nonpublic school who transports pupils on other than a regularly established route on an infrequent basis.

(i) Each driver of a school transportation conveyance shall have the physical and mental ability to operate safely a school transportation conveyance and to satisfactorily perform the other responsibilities of a school bus driver; and shall meet the requirements of section 6.10 of the regulations of the Commissioner of Motor Vehicles (15 NYCRR 6.10) to the extent that such requirements are consistent with the requirements of this subdivision and provided that the vision standards prescribed in section 6.10(b)(9) of the regulations of the Commissioner of Motor Vehicles (15 NYCRR) shall not be waived.

(ii) Each driver of a school bus owned, leased or contracted for by a school district, board of cooperative educational services or a nonpublic school shall be examined by a physician, physician assistant, or nurse practitioner to the extent authorized by law and consistent with the written practice agreement pursuant to Education Law, section 6902(3), in accordance with the provisions of this subdivision. The physical examination shall be reported immediately on forms approved by the commissioner to the chief school officer of the district. The physical examination shall include, as a minimum, those requirements specified on the approved physical examination report. The examining physician, physician assistant, or nurse practitioner shall require the school bus driver to undergo any diagnostic tests that are necessary to determine whether the driver has the physical and mental ability to operate safely a school transportation conveyance. Each school bus driver shall receive an annual physical examination, and each driver who is to be initially employed shall be examined within eight weeks prior to the beginning of service. In no case shall the interval between physical examinations exceed a 13-month period.

(iii) Each driver of a school bus owned, leased or contracted for by a school district, board of cooperative educational services or nonpublic school shall pass a physical performance test approved by the commissioner, upon recommendation of an advisory group of certified school bus driver instructors, prior to transporting students, and at least once every two years. Upon completion, the physical performance test form is to be submitted electronically to the pupil transportation unit. Additionally, the test shall be administered to any driver following a period of being unavailable for service for 60 or more consecutive days from his or her scheduled work duties. In no case shall the interval between physical performance tests exceed 25 months. Provided, however, where a school bus driver is unable to complete such physical performance test within the timelines prescribed in this subparagraph due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, such test shall be completed as soon as practicable.

(i) Pre-service safety training. Prior to transporting students, each school bus driver initially employed by a board of education or transportation contractor subsequent to July 1, 1973, or initially employed by a nonpublic school on or after July 1, 2004, shall have received at least four hours of instruction on school bus safety practices which shall include at least one hour of training for the transport of children with disabilities.

(ii) Basic course safety training. During the first year of employment, each school bus driver initially employed by a board of education, board of cooperative educational services or transportation contractor subsequent to July 1, 1973 or employed by a nonpublic school on or after July 1, 2005 shall complete a basic course of instruction in school bus safety practices approved by the commissioner, which shall not be less than 30 hours of instruction, and at least two hours shall be instruction concerning the special needs transportation of a pupil with a disability. Provided, however, that such instruction may be postponed where a school bus driver is unable to complete such instruction due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. Such instruction shall be rescheduled and completed as soon as practicable.

(iii) Refresher training. All school bus drivers shall receive a minimum of two hours of refresher instruction in school bus safety at least two times a year, at sessions conducted between July 1st and October 31st and between December 1st and May 1st of each school year and shall include at least one hour of instruction relating to the special needs of a pupil with a disability in accordance with the requirements set forth under Education Law section 3650(2). Provided, however, that such refresher instruction may be postponed where a school bus driver is unable to complete such instruction due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. Such instruction shall be rescheduled and completed as soon as practicable.

(iv) Occasional drivers. Occasional drivers for other than regular routes shall not be required to receive the training specified in this paragraph. For the purposes of this paragraph, occasional driver shall mean a certified teacher who is employed by a public school district or a board of cooperative educational services, whose employment does not include serving as either a regular or substitute school bus driver.

(i) To qualify for certification as a school bus driver instructor (SBDI), individuals shall successfully complete a school bus driver instructor training and evaluation course taught by a certified master instructor. The course shall be approved by the commissioner upon the recommendation of the master instructor subcommittee of the commissioner's school bus driver instructor advisory committee, an advisory group consisting of at least seven certified school bus driver instructors appointed for a three-year term, for such purpose by the commissioner. Each person who applies for admission to this course shall be currently employed by a public school district, board of cooperative educational services, nonpublic school or private contractor who is currently providing pupil transportation services for a public school district, nonpublic school or board of cooperative educational services, and be of good moral character. The SBDI course shall include but shall not be limited to the following content areas: planning and making presentations including lesson plans and objectives, school bus accident statistics and interpretation, effective communications, and evaluation. Each such person shall possess a high school diploma or equivalent diploma and shall have completed the school bus driver Basic Course of Instruction in school bus safety practices. In addition, each such person shall have completed the Advanced School Bus Driver Training Course or a Department of Motor Vehicles approved Point/Insurance Reduction Program. To maintain certification, school bus driver instructors shall be required to attend the annual Professional Development Seminar (PDS) approved by the Commissioner upon the recommendation of the master instructor subcommittee of the SBDI Advisory Committee and taught by a certified master instructor. The PDS shall provide refresher training for all SBDIs in presentation skills, lesson planning, school bus safety techniques, requirements and statistics. The PDS shall provide SBDIs with training materials for the upcoming school year safety training campaign, including information which shall be conveyed to all school bus drivers in the next two driver refreshers. Provided, however, that school bus driver instructors shall be permitted to attend the annual PDS by teleconference or videoconference for the 2019-2020 school year due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

(ii) A certified school bus driver instructor's certification can be suspended by the State Education Department based upon failure to attend a professional development seminar and/or failure to successfully complete an approved hardship assignment. Following notice and an opportunity to be heard, certification may be revoked based upon a proven violation of the State Education Department's SBDI Ethical Guidelines and/or a finding by the master instructor subcommittee of the commissioner's SBDI advisory committee of incompetence, malfeasance, misfeasance, nonfeasance, or misrepresentation.

(i) Master instructors (MI) shall be certified by the commissioner to conduct training programs for individuals to become certified school bus driver instructors, and work in the development of safety training curricula including the development and delivery of the annual Professional Development Seminar. To qualify as a master instructor an individual must have been a certified school bus driver instructor for at least five years, have demonstrated the ability to teach others the concepts of the school bus safety training program, be of good moral character and meet such other requirements as may be prescribed by the commissioner including, but not limited to: possession of a New York State teaching certificate or employment experience in a pupil transportation position in NYS, and satisfactory completion of a mentor/training program or project. Training programs conducted by master instructors may be provided by teleconference or videoconference for the 2019-2020 school year due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. To maintain certification the master instructor shall be required to attend the annual master instructor strategy meeting or attend a professional development seminar (PDS) approved by the commissioner upon the recommendation of the master instructor committee of the SBDI advisory committee and taught by a certified master instructor. Master instructors shall be permitted to attend the annual master instructor strategy meeting or attend a PDS by teleconference or videoconference for the 2019-2020 school year due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

(ii) A certified master instructor's certification can be suspended by the New York State Education Department based upon failure to attend the annual master instructor strategy meeting or a professional development seminar and/or failure to successfully complete an approved hardship assignment. Following notice and an opportunity to be heard, certification may be revoked based upon a proven violation of the New York State Education Department's MI Ethical Guidelines and/or a finding by the master instructor subcommittee of the commissioner's SBDI advisory committee of incompetence, malfeasance, misfeasance, nonfeasance or misrepresentation.

(i) Each school bus monitor and attendant shall have the physical and mental ability to satisfactorily perform his or her duties.

(ii) Each monitor or attendant may be examined on order of the chief school administrator by a duly licensed physician, physician assistant, or nurse practitioner within eight weeks prior to the beginning of such monitor's or attendant's service in each school year. The report of the physician, physician assistant, or nurse practitioner in writing, shall be considered by the chief school administrator in determining the fitness of the monitor or attendant to carry out his or her functions. The examining physician, physician assistant, or nurse practitioner shall require the monitor or attendant to undergo any diagnostic tests that are necessary to determine the physical and mental ability of the monitor or attendant to perform his or her duties.

(iii) Each school bus monitor or attendant of a school bus owned, leased or contracted for by a school district or board of cooperative educational services shall pass a physical performance test approved by the commissioner, upon recommendation of an advisory group of certified school bus driver instructors, prior to transporting students, and at least once every two years. Upon completion, the physical performance test form is to be submitted electronically to the pupil transportation unit. Additionally, the test shall be administered to any monitor or attendant following a period of being unavailable for service for 60 or more consecutive days from his or her schedule work duties. In no case shall the interval between physical performance tests exceed 25 months. Individuals employed by a school district, board of cooperative educational services or contractor as a monitor or attendant on July 1, 2003 shall have until July 1, 2004 to take and pass a physical performance test. Individuals hired as a monitor or attendant after July 1, 2003, must take and pass a physical performance test before they may assume their duties. Provided, however, where a school bus monitor or attendant is unable to complete such physical performance test within the timelines prescribed in this subparagraph due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis, such test shall be completed as soon as practicable.

(i) Pre-service safety training. Prior to transporting students, each school bus monitor or attendant shall receive at least four hours of pre-service instruction as approved by the commissioner upon recommendation of the master instructor subcommittee of the commissioner's school bus driver instructor advisory committee, which shall include, but is not limited to, school bus safety practices, child management techniques, and the proper techniques for assisting children to safely embark and disembark a school bus. In addition to such instruction, any person employed on January 1, 2004 as a school bus monitor, or as a school bus attendant serving pupils with a disabling condition, shall, by July 1, 2004, receive instruction as approved by the commissioner upon recommendation of the master instructor subcommittee of the commissioner's school bus driver instructor advisory committee relating to special needs transportation, including, but not limited to, the proper techniques for assisting disabled students in entering and exiting the school bus. Any person hired after January 1, 2004 shall complete such special needs instruction prior to assuming their duties as a school bus monitor or as a school bus attendant.

(ii) Basic course safety training. Each school bus monitor or attendant hired after July 1, 2003 shall complete within their first year of employment Basic Course of Instruction for Monitors and Attendants. Multiple curricula may be approved for use by the commissioner. Such courses shall provide not less than 10 hours of instruction on a range of topics approved by the commissioner upon recommendation of the master instructor subcommittee of the commissioner's school bus driver instructor advisory committee. Provided, however, that such instruction may be postponed where a school bus monitor or attendant is unable to complete such instruction due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. Such instruction shall be rescheduled and completed as soon as practicable.

(iii) Refresher training. All school bus monitors and attendants shall receive a minimum of two hours of refresher instruction in school bus safety at least two times a year, at sessions conducted between July 1st and October 31st and between December 1st and May 1st of each school year and shall include at least one hour of instruction relating to the special needs of a pupil with a disability in accordance with the requirements set forth under Education Law section 36509(2). Provided, however, that such refresher instruction may be postponed where a school bus monitor or attendant is unable to complete such instruction due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis. Such instruction shall be rescheduled and completed as soon as practicable.

(i) Except as provided in paragraph (2) of this subdivision, each school district shall ensure that each driver of a school bus, as defined in Vehicle and Traffic Law, section 142, or other vehicle owned, leased or contracted for by such school district, shall turn off the engine of such school bus or vehicle while waiting for passengers to load or off load on school grounds, or while such vehicle is parked or standing on school grounds or in front of or adjacent to any school.

(ii) School districts should adopt policies which provide for the prompt loading and unloading of individual school buses rather than a policy of waiting for all buses to arrive before loading or unloading, to minimize idling.

(i) for mechanical work; or

(ii) to maintain an appropriate temperature for passenger comfort and/or safety; or

(iii) in emergency evacuations and/or where necessary to operate wheelchair lifts.

(i) instruct pupils on the necessity to board the school bus promptly in the afternoon in order to reduce loading time;

(ii) whenever possible, park the school bus diagonally in school loading areas to minimize the exhaust from adjacent buses that may enter the school bus and school buildings; and

(iii) turn off the bus engine during sporting or other events.